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Federal government violated disability law covering medical records. Complainant worked for the Department of the Air Force. He filed an EEO alleging, among other claims, that the Agency violated the rehabilitation.Specifically, Complainant alleged that this medical information was placed in his employee work folder. The Agency issued a FAD finding no violations. On appeal, the EEOC’s Office of Federal Operations reversed as to the medical information. The OFO found the Agency to have violated the Rehabilitation Act by failing to keep the medical information in a separate confidential file.

Lacy R. v. Dep’t of the Air Force, EEOC Appeal No. 2019004084 (Sept. 15, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf

Kirk J. Angel is an experienced federal employee attorney who has represented federal employees for over a decade. If you need help with a federal EEO matter including an EEO investigation or EEOC hearing or you need help with an MSPB hearing, you can set a free 15 minute consultation with attorney Angel directly on the web where you can control the date and time of the consultation. https://fedemployeeattorney.com/